LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx 1 of 21 General Assembly Substitute Bill No. 5502 February Session, 2022 AN ACT CONCERNING THE OPERATIONS OF THE STATE TREASURER AND THE BONDING AUTHORITY OF THE CONNECTICUT MUNICIPAL REDEVELOPMENT AUTHORITY. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 8-169oo of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective from passage): 2 (a) The board of directors of the Connecticut Municipal 3 Redevelopment Authority is authorized from time to time to issue its 4 bonds, notes and other obligations in such principal amounts as in the 5 opinion of the board shall be necessary to provide sufficient funds for 6 carrying out the purposes set forth in section 8-169jj, as amended by this 7 act, including the payment, funding or refunding of the principal of, or 8 interest or redemption premiums on, any bonds, notes and other 9 obligations issued by it, whether the bonds, notes or other obligations 10 or interest to be funded or refunded have or have not become due, the 11 establishment of reserves to secure such bonds, notes and other 12 obligations, loans made by the authority and all other expenditures of 13 the authority incident to and necessary or convenient to carry out the 14 purposes set forth in section 8-169jj, as amended by this act. 15 (b) Every issue of bonds, notes or other obligations shall be a general 16 obligation of the authority payable out of any moneys or revenues of the 17 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 2 of 21 authority and subject only to any agreements with the holders of 18 particular bonds, notes or other obligations pledging any particular 19 moneys or revenues. Any such bonds, notes or other obligations may be 20 additionally secured by any grant or contributions from any 21 department, agency or instrumentality of the United States or person or 22 a pledge of any moneys, income or revenues of the authority from any 23 source whatsoever. 24 (c) Notwithstanding any other provision of any law, any bonds, notes 25 or other obligations issued by the authority pursuant to this section shall 26 be fully negotiable within the meaning and for all purposes of title 42a. 27 Any such bonds, notes or other obligations shall be legal investments 28 for all trust companies, banks, investment companies, savings banks, 29 building and loan associations, executors, administrators, guardians, 30 conservators, trustees and other fiduciaries and pension, profit-sharing 31 and retirement funds. 32 (d) Bonds, notes or other obligations of the authority shall be 33 authorized by resolution of the board of directors of the authority and 34 may be issued in one or more series and shall bear such date or dates, 35 mature at such time or times, in the case of any such note, or any renewal 36 thereof, not exceeding the term of years as the board shall determine 37 from the date of the original issue of such notes, and, in the case of 38 bonds, not exceeding thirty years from the date thereof, bear interest at 39 such rate or rates, be in such denomination or denominations, be in such 40 form, either coupon or registered, carry such conversion or registration 41 privileges, have such rank or priority, be executed in such manner, be 42 payable from such sources in such medium of payment at such place or 43 places within or without this state, and be subject to such terms of 44 redemption, with or without premium, as such resolution or resolutions 45 may provide. 46 (e) Bonds, notes or other obligations of the authority may be sold at 47 public or private sale at such price or prices as the board shall determine. 48 (f) Bonds, notes or other obligations of the authority may be refunded 49 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 3 of 21 and renewed from time to time as may be determined by resolution of 50 the board, provided any such refunding or renewal shall be in 51 conformity with any rights of the holders of such bonds, notes or other 52 obligations. 53 (g) [Except as provided in section 8-169qq, bonds] Bonds, notes or 54 other obligations of the authority issued under the provisions of this 55 section shall not be deemed to constitute a debt or liability of the state 56 or of any political subdivision thereof other than the authority, or a 57 pledge of the faith and credit of the state or of any such political 58 subdivision other than the authority, and shall not constitute bonds or 59 notes issued or guaranteed by the state within the meaning of section 3-60 21, but shall be payable solely from the funds as provided in this section. 61 All such bonds, notes or other obligations shall contain on the face 62 thereof a statement to the effect that, unless otherwise provided by law, 63 neither the state of Connecticut nor any political subdivision thereof 64 other than the authority shall be obligated to pay the same or the interest 65 thereof except from revenues or other funds of the authority and that 66 neither the faith and credit nor the taxing power of the state of 67 Connecticut or of any political subdivision thereof other than the 68 authority is pledged to the payment of the principal of, or the interest 69 on, such bonds, notes or other obligations. 70 (h) Any resolution or resolutions authorizing the issuance of bonds, 71 notes or other obligations may contain provisions, except as limited by 72 existing agreements with the holders of bonds, notes or other 73 obligations, which shall be a part of the contract with the holders 74 thereof, as to the following: (1) The pledging of all or any part of the 75 moneys received by the authority to secure the payment of the principal 76 of and interest on any bonds, notes or other obligations or of any issue 77 thereof; (2) the pledging of all or part of the assets of the authority to 78 secure the payment of the principal of and interest on any bonds, notes 79 or other obligations or of any issue thereof; (3) the establishment of 80 reserves or sinking funds, the making of charges and fees to provide for 81 the same, and the regulation and disposition thereof; (4) limitations on 82 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 4 of 21 the purpose to which the proceeds of sale of bonds, notes or other 83 obligations may be applied and pledging such proceeds to secure the 84 payment of the bonds, notes or other obligations, or of any issues 85 thereof; (5) limitations on the issuance of additional bonds, notes or 86 other obligations, the terms upon which additional bonds, bond 87 anticipation notes or other obligations may be issued and secured, the 88 refunding or purchase of outstanding bonds, notes or other obligations 89 of the authority; (6) the procedure, if any, by which the terms of any 90 contract with the holders of any bonds, notes or other obligations of the 91 authority may be amended or abrogated, the amount of bonds, notes or 92 other obligations the holders of which must consent thereto and the 93 manner in which such consent may be given; (7) limitations on the 94 amount of moneys to be expended by the authority for operating, 95 administrative or other expenses of the authority; (8) the vesting in a 96 trustee or trustees of such property, rights, powers and duties in trust as 97 the authority may determine, which may include any or all of the rights, 98 powers and duties of any trustee appointed by the holders of any bonds, 99 notes or other obligations and limiting or abrogating the right of the 100 holders of any bonds, notes or other obligations of the authority to 101 appoint a trustee or limiting the rights, powers and duties of such 102 trustee; (9) provision for a trust agreement by and between the authority 103 and a corporate trustee which may be any trust company or bank having 104 the powers of a trust company within or without the state, which 105 agreement may provide for the pledging or assigning of any assets or 106 income from assets to which or in which the authority has any rights or 107 interest, and may further provide for such other rights and remedies 108 exercisable by the trustee as may be proper for the protection of the 109 holders of any bonds, notes or other obligations of the authority and not 110 otherwise in violation of law. Such agreement may provide for the 111 restriction of the rights of any individual holder of bonds, notes or other 112 obligations of the authority. All expenses incurred in carrying out the 113 provisions of such trust agreement may be treated as a part of the cost 114 of operation of the authority. The trust agreement may contain any 115 further provisions which are reasonable to delineate further the 116 respective rights, duties, safeguards, responsibilities and liabilities of 117 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 5 of 21 the authority, individual and collective holders of bonds, notes and 118 other obligations of the authority and the trustees; (10) covenants to do 119 or refrain from doing such acts and things as may be necessary or 120 convenient or desirable in order to better secure any bonds, notes or 121 other obligations of the authority, or which, in the discretion of the 122 authority, will tend to make any bonds, notes or other obligations to be 123 issued more marketable, notwithstanding that such covenants, acts or 124 things may not be enumerated herein; and (11) any other matters of like 125 or different character, which in any way affect the security or protection 126 of the bonds, notes or other obligations. 127 (i) Any pledge made by the authority of income, revenues or other 128 property shall be valid and binding from the time the pledge is made. 129 The income, revenue, such state taxes as the authority shall be entitled 130 to receive or other property so pledged and thereafter received by the 131 authority shall immediately be subject to the lien of such pledge without 132 any physical delivery thereof or further act, and the lien of any such 133 pledge shall be valid and binding as against all parties having claims of 134 any kind in tort, contract or otherwise against the authority, irrespective 135 of whether such parties have notice thereof. 136 (j) The board of directors of the authority is authorized and 137 empowered to obtain from any department, agency or instrumentality 138 of the United States any insurance or guarantee as to, or of or for the 139 payment or repayment of, interest or principal or both, or any part 140 thereof, on any bonds, notes or other obligations issued by the authority 141 pursuant to the provisions of this section and, notwithstanding any 142 other provisions of sections 8-169ii to 8-169ss, inclusive, to enter into any 143 agreement, contract or any other instrument whatsoever with respect to 144 any such insurance or guarantee except to the extent that such action 145 would in any way impair or interfere with the authority's ability to 146 perform and fulfill the terms of any agreement made with the holders 147 of the bonds, bond anticipation notes or other obligations of the 148 authority. 149 [(k) Neither the members of the board of directors of the authority 150 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 6 of 21 nor any person executing bonds, notes or other obligations of the 151 authority issued pursuant to this section shall be liable personally on 152 such bonds, notes or other obligations or be subject to any personal 153 liability or accountability by reason of the issuance thereof, nor shall any 154 director, officer or employee of the authority be personally liable for 155 damage or injury caused in the performance of such director, officer or 156 employee's duties and within the scope of employment or appointment 157 as such director, officer or employee, provided the conduct of such 158 director, officer or employee was found not to have been wanton, 159 reckless, wilful or malicious. The authority shall protect, save harmless 160 and indemnify its directors, officers or employees from financial loss 161 and expense, including legal fees and costs, if any, arising out of any 162 claim, demand, suit or judgment by reason of alleged negligence or 163 alleged deprivation of any person's civil rights or any other act or 164 omission resulting in damage or injury, if the director, officer or 165 employee is found to have been acting in the discharge of his or her 166 duties or within the scope of his or her employment and such act or 167 omission is found not to have been wanton, reckless, wilful or 168 malicious.] 169 [(l)] (k) The board of directors of the authority [shall have power to] 170 may purchase bonds, notes or other obligations of the authority out of 171 any funds available for such purpose. The authority may hold, cancel or 172 resell such bonds, notes or other obligations subject to and in accordance 173 with agreements with holders of its bonds, notes and other obligations. 174 [(m)] (l) All moneys received pursuant to the authority of this section, 175 whether as proceeds from the sale of bonds or as revenues, shall be 176 deemed to be trust funds to be held and applied solely as provided in 177 this section. Any officer with whom, or any bank or trust company with 178 which, such moneys shall be deposited shall act as trustee of such 179 moneys and shall hold and apply the same for the purposes of section 180 8-169jj, as amended by this act, and the resolution authorizing the bonds 181 of any issue or the trust agreement securing such bonds may provide. 182 [(n)] (m) Any holder of bonds, notes or other obligations issued under 183 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 7 of 21 the provisions of this section, and the trustee or trustees under any trust 184 agreement, except to the extent the rights herein given may be restricted 185 by any resolution authorizing the issuance of or any such trust 186 agreement securing such bonds, may, either at law or in equity, by suit, 187 action, mandamus or other proceeding, protect and enforce any and all 188 rights under the laws of the state or granted under this section or under 189 such resolution or trust agreement and may enforce and compel the 190 performance of all duties required by this section or by such resolution 191 or trust agreement to be performed by the authority or by any officer, 192 employee or agent of the authority, including the fixing, charging and 193 collecting of the rates, rents, fees and charges herein authorized and 194 required by the provisions of such resolution or trust agreement to be 195 fixed, established and collected. 196 [(o)] (n) The authority may make representations and agreements for 197 the benefit of the holders of any bonds, notes or other obligations of the 198 state which are necessary or appropriate to ensure the exclusion from 199 gross income for federal income tax purposes of interest on bonds, notes 200 or other obligations of the state from taxation under the Internal 201 Revenue Code of 1986, or any subsequent corresponding internal 202 revenue code of the United States, as amended from time to time, 203 including agreement to pay rebates to the federal government of 204 investment earnings derived from the investment of the proceeds of the 205 bonds, notes or other obligations of the authority. Any such agreement 206 may include: (1) A covenant to pay rebates to the federal government of 207 investment earnings derived from the investment of the proceeds of the 208 bonds, notes or other obligations of the authority; (2) a covenant that the 209 authority will not limit or alter its rebate obligations until its obligations 210 to the holders or owners of such bonds, notes or other obligations are 211 finally met and discharged; and (3) provisions to (A) establish trust and 212 other accounts which may be appropriate to carry out such 213 representations and agreements, (B) retain fiscal agents as depositories 214 for such funds and accounts, and (C) provide that such fiscal agents may 215 act as trustee of such funds and accounts. 216 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 8 of 21 Sec. 2. Section 8-169qq of the general statutes is repealed and the 217 following is substituted in lieu thereof (Effective from passage): 218 (a) For the purposes of this section, "required minimum capital 219 reserve" means the maximum amount permitted to be deposited in a 220 special capital reserve fund by the Internal Revenue Code of 1986, or 221 any subsequent corresponding internal revenue code of the United 222 States, as amended from time to time, to permit the interest on the bonds 223 of the Connecticut Municipal Redevelopment Authority secured by 224 such special capital reserve fund to be excluded from gross income for 225 federal tax purposes. 226 (b) The authority may, in connection with the issuance of bonds, the 227 refunding of bonds previously issued by the authority or the issuance 228 of bonds to effect a refinancing or other restructuring with respect to one 229 or more projects, establish one or more special capital reserve funds. The 230 authority may pay into such special capital reserve funds (1) any 231 moneys appropriated and made available by the state for the purposes 232 of such special capital reserve funds, (2) any proceeds of the sale of 233 bonds or notes of the authority, to the extent provided in the resolution 234 of said authority authorizing the issuance of such bonds or notes, and 235 (3) any moneys made available to the authority from any other source 236 for the purposes of such special capital reserve funds. The amount of 237 bonds of the authority secured by special capital reserve funds shall not 238 exceed fifty million dollars in the aggregate. 239 (c) (1) Except as otherwise provided in this section, the moneys held 240 in or credited to any special capital reserve fund established under this 241 section shall be used for: 242 (A) The payment of the principal and interest as such payments 243 become due, whether due at maturity or by mandatory sinking fund 244 installments, on bonds of the authority secured by such special capital 245 reserve fund; or 246 (B) The purchase of such bonds and the payment of any redemption 247 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 9 of 21 premium required to be paid when such bonds are redeemed prior to 248 maturity, including reimbursement of a provider of bond insurance or 249 of a credit or liquidity facility that has paid such redemption premium. 250 (2) The authority may prohibit, except for the purpose of paying the 251 principal of and interest and redemption premium on bonds of the 252 authority secured by a special capital reserve fund for which other 253 moneys of the authority are not available, the withdrawal of moneys in 254 any special capital reserve fund in an amount that would result in the 255 balance of such special capital reserve fund being less than (A) the 256 maximum amount of principal and interest becoming due by reason of 257 maturity or a required sinking fund installment on the bonds of the 258 authority outstanding in the then current or any succeeding calendar 259 year, or (B) the required minimum capital reserve. 260 (3) The authority may provide at any time that it shall not issue bonds 261 secured by a special capital reserve fund if the required minimum 262 capital reserve on the bonds outstanding and the bonds to be issued and 263 secured by the same special capital reserve fund at the time of issuance 264 exceeds the moneys in the special capital reserve fund, unless the 265 authority deposits proceeds from the bonds to be issued or moneys from 266 other sources into such special capital reserve fund, in an amount that, 267 together with the amount then in such special capital reserve fund, will 268 be not less than the required minimum capital reserve. 269 (d) (1) (A) Prior to December first, annually, the authority shall 270 deposit, for any special capital reserve fund for which the balance is 271 below the required minimum capital reserve, the full amount required 272 to meet the required minimum capital reserve for such special capital 273 reserve fund. Such deposit shall be made from any resources available 274 to the authority not otherwise pledged or dedicated to another purpose. 275 (B) On or prior to December first, annually, but after the authority has 276 made any deposits required under subparagraph (A) of this 277 subdivision, there shall be deemed appropriated from the General Fund 278 any sums necessary to restore the balance of each such special capital 279 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 10 of 21 reserve fund to the required minimum capital reserve amount. The 280 amount of any such sum shall be allotted and paid to the authority upon 281 the certification of such sum by the chairperson or vice-chairperson of 282 the authority to the Secretary of the Office of Policy and Management, 283 the Treasurer and the joint standing committees of the General 284 Assembly having cognizance of matters relating to planning and 285 development and finance, revenue and bonding. For the purposes of 286 this subdivision, obligations acquired as an investment for any special 287 capital reserve fund shall be valued at amortized cost. 288 (2) Subject to any agreement or agreements with holders of 289 outstanding bonds or notes of the authority, any amount allotted and 290 paid to the authority pursuant to subdivision (1) of this subsection shall 291 be repaid to the state from moneys of the authority, at such time as such 292 moneys are not required for any other corporate purposes of the 293 authority. Such repayment shall occur not later than one year after the 294 date the following liabilities are met and fully discharged by the 295 authority: (A) All bonds and notes of the authority that were issued 296 before, on or after the date such allotted amount was paid to the 297 authority; (B) all interest on such bonds and notes and on any unpaid 298 installments of interest; and (C) all costs and expenses incurred in 299 connection with any action or proceeding by or on behalf of the holders 300 of such bonds or notes. 301 (e) (1) The authority shall not issue bonds secured by a special capital 302 reserve fund until and unless: 303 (A) The authority has determined, and has provided such 304 determination to the Secretary of the Office of Policy and Management 305 or the secretary's deputy and to the Treasurer or the Deputy Treasurer, 306 that the revenues from the project shall be sufficient to (i) pay the 307 principal of and interest on the bonds issued to finance the project, (ii) 308 establish, increase and maintain any reserves deemed advisable by the 309 authority to secure the payment of the principal of and interest on such 310 bonds, (iii) pay the cost of maintaining the project in good repair and 311 properly insured, and (iv) pay such other costs of the project as may be 312 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 11 of 21 required; 313 (B) The issuance has been approved by the Secretary of the Office of 314 Policy and Management or the secretary's deputy; and 315 (C) The authority has provided the documentation required under 316 subsection (a) of section 1-124 to the Treasurer or the Deputy Treasurer 317 and the issuance has been approved by the Treasurer or the Deputy 318 Treasurer pursuant to said subsection. 319 (2) The approval by the Secretary of the Office of Policy and 320 Management or the secretary's deputy may provide for the waiver or 321 modification of the requirements of this section as the secretary deems 322 necessary or appropriate to effectuate such issuance, subject to any 323 applicable tax covenants of the authority and the state. 324 (f) Nothing in this section shall preclude the authority from 325 establishing other debt service reserve funds that are not special capital 326 reserve funds in connection with the issuance of bonds or notes of the 327 authority. 328 (g) (1) The provisions of this subsection shall not apply to any 329 financial loss and expenses arising out of any claim, demand, suit, 330 judgment or legal challenge described in this subsection filed on or after 331 the effective date of this section. 332 [(a)] (2) The state shall protect, save harmless and indemnify the 333 directors, officers and employees of the Connecticut Municipal 334 Redevelopment Authority from financial loss and expenses, including 335 legal fees and costs, if any, arising out of any claim, demand, suit or 336 judgment based upon any alleged act or omission of any such director, 337 officer or employee in connection with, or any other legal challenge to, 338 authority development projects within a Connecticut Municipal 339 Redevelopment Authority development district, provided any such 340 director, officer or employee is found to have been acting in the 341 discharge of such director, officer or employee's duties or within the 342 scope of such director, officer or employee's employment and any such 343 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 12 of 21 act or omission is found not to have been wanton, reckless, wilful or 344 malicious. 345 [(b) In the event any bond, note or other obligation of the authority 346 cannot be paid by the authority, the state shall assume the liability of 347 and make payment on such debt.] 348 Sec. 3. (NEW) (Effective from passage) (a) As used in this section, (1) 349 "person" means any (A) state officer, (B) state agency, department, board 350 or commission, or (C) state employee, or any agent thereof. "Person" 351 includes The University of Connecticut Health Care Finance 352 Corporation, and (2) "financial obligation" has the same meaning as 353 provided in 17 CFR 240.15c2-12, as amended from time to time. 354 (b) (1) Before any person incurs any financial obligation of the state 355 or enters into any agreement to covenants, events of default, remedies, 356 priority rights or other similar terms in connection with a financial 357 obligation of the state, where such financial obligation (A) is in excess of 358 one million dollars, or (B) encumbers property or rights of the state 359 material to the operations of the state, such person shall notify the 360 Treasurer of such proposed financial obligation or agreement and 361 submit any documents pursuant to which such financial obligation is to 362 be incurred or such agreement is to be entered into. No such person shall 363 incur any such financial obligation or enter into any such agreement 364 until such person has received a written acknowledgment pursuant to 365 subdivision (2) of this subsection. 366 (2) Upon receipt of such notification and documents, the Treasurer 367 shall determine whether the information provided is adequate for the 368 Treasurer to timely meet required disclosure obligations under federal 369 securities law. The Treasurer may request additional information the 370 Treasurer deems necessary to make such determination. Upon the 371 Treasurer's satisfaction that adequate information has been provided for 372 the Treasurer to timely meet required disclosure obligations under 373 federal securities law, the Treasurer or the Treasurer's designee shall 374 provide written acknowledgment to the person seeking to incur such 375 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 13 of 21 financial obligation or enter into such agreement. The Treasurer may 376 establish, and revise from time to time, exemptions from such 377 notification and submission requirements as the Treasurer determines 378 are consistent with the state's disclosure obligations under federal 379 securities law. 380 Sec. 4. Subsection (x) of section 3-20 of the general statutes is repealed 381 and the following is substituted in lieu thereof (Effective July 1, 2022): 382 (x) Notwithstanding any provision of the general statutes, public acts 383 or special acts, [upon] any sale, lease or other disposition to or use by a 384 nongovernmental entity of all or a portion of any project financed with 385 proceeds of bonds of the state the interest on which is not included in 386 gross income pursuant to Section 103 of the Internal Revenue Code of 387 1986, or any subsequent corresponding internal revenue code of the 388 United States, as amended from time to time, [amended,] that would 389 otherwise cause such bonds to be treated as private activity bonds 390 within the meaning of Section 141 of said internal revenue code [, the] 391 shall be subject to the prior approval of the Treasurer. The Treasurer is 392 authorized to transfer all or a portion of the proceeds received with 393 respect to and at the time of such disposition or use, in an amount not 394 less than the amount required by said internal revenue code to preserve 395 the exclusion from gross income of interest on such bonds, (1) to the 396 General Fund to pay debt service on, including redemption, defeasance 397 or purchase of, outstanding bonds of the state the interest on which is 398 not included in gross income pursuant to Section 103 of said internal 399 revenue code, (2) with the approval of the State Bond Commission, in 400 lieu of the issuance of bonds, to the appropriate account or fund for any 401 projects or purposes authorized by the State Bond Commission 402 pursuant to a bond act and with the same force and effect as bond 403 proceeds, thereby reducing the authority to issue bonds by such dollar 404 amount, provided in any event that any such transfer does not cause the 405 interest on the subject bonds to become included in gross income 406 pursuant to Section 103 of said internal revenue code. 407 Sec. 5. Subsection (a) of section 3-37 of the general statutes is repealed 408 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 14 of 21 and the following is substituted in lieu thereof (Effective July 1, 2022): 409 (a) The Treasurer shall, annually, on or before December thirty-first, 410 submit a final audited report to the Governor and a copy of such report 411 to the Investment Advisory Council, which shall include the following 412 information concerning the activities of the office of the State Treasurer 413 for the immediately preceding fiscal year ending June thirtieth: (1) 414 Complete financial statements and accompanying footnotes for the 415 combined investment funds prepared in accordance with generally 416 accepted accounting principles, which financial statements shall be 417 audited in accordance with generally accepted auditing standards and 418 supplementary schedules depicting the interests of the component 419 retirement plans and trust funds; (2) complete financial statements and 420 accompanying footnotes for the Short Term Investment Fund prepared 421 in accordance with generally accepted accounting principles and 422 supplementary schedules listing all assets held by the Short Term 423 Investment Fund; (3) a discussion and review of the performance of the 424 combined investment funds and Short Term Investment Fund for such 425 fiscal year in accordance with recognized and appropriate performance 426 presentation and disclosure, including an analysis of the return earned 427 by the portfolio and each combined investment fund as well as the risk 428 profile of the portfolio and each combined investment fund according 429 to investment industry standards; (4) the activities and transactions in 430 such reasonable detail as is appropriate of the cash management 431 division including information on the state's cash receipts and 432 disbursements for the fiscal year, and the debt management division; 433 [including the financial statements of the tax-exempt proceeds fund 434 prepared in accordance with generally accepted accounting principles;] 435 (5) financial statements and accompanying footnotes as well as a 436 summary of operating results for the Second Injury Fund for such fiscal 437 year; (6) a financial summary and report on the activities of the state's 438 unclaimed property program for such fiscal year; (7) a listing of the 439 companies from which state funds were divested based upon such 440 companies' business in Sudan, pursuant to the provisions of section 3-441 21e, and any companies identified by the Treasurer as companies from 442 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 15 of 21 which investment of state funds has been declared impermissible by the 443 Treasurer, pursuant to the provisions of section 3-21e; and (8) such other 444 information as the Treasurer deems of interest to the public. 445 Sec. 6. Subsection (q) of section 3-62h of the general statutes is 446 repealed and the following is substituted in lieu thereof (Effective July 1, 447 2022): 448 (q) Any moneys held by the Treasurer or by a trustee pursuant to an 449 indenture of trust with respect to abandoned property fund bonds 450 including pledged revenues, other pledged receipts, funds or moneys 451 and proceeds from the sale of such abandoned property fund bonds, 452 may, pending the use or application of the proceeds thereof for an 453 authorized purpose, be (1) invested and reinvested in such obligations, 454 securities and investments as are set forth in subsection (f) of section 3-455 20 [,] and in participation certificates in the Short Term Investment 456 Funds created under sections 3-27a and 3-27f, [and in participation 457 certificates or securities of the Tax-Exempt Proceeds Fund created under 458 section 3-24a] or (2) deposited or redeposited in such bank or banks as 459 shall be provided in the proceedings. Unless the proceedings provide 460 otherwise, proceeds from investments authorized by this subsection, 461 less amounts required under the proceedings authorizing the issuance 462 of abandoned property fund bonds for the payment of Specia l 463 Abandoned Property Fund financing costs relating to such abandoned 464 property fund bonds, shall be credited to the Special Abandoned 465 Property Fund. 466 Sec. 7. Subsection (d) of section 7-406n of the general statutes is 467 repealed and the following is substituted in lieu thereof (Effective July 1, 468 2022): 469 (d) Any moneys held by the Treasurer or by a trustee pursuant to an 470 indenture of trust with respect to municipal pension solvency account 471 bonds including pledged revenues, other pledged receipts, funds or 472 moneys and proceeds from the sale of such municipal pension solvency 473 account bonds, may, pending the use or application of such proceeds 474 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 16 of 21 for an authorized purpose, be (1) invested and reinvested in such 475 obligations, securities and investments as are set forth in subsection (f) 476 of section 3-20 [,] and in participation certificates in the Short Term 477 Investment Funds created under sections 3-27a and 3-27f, [and in 478 participation certificates or securities of the Tax-Exempt Proceeds Fund 479 created under section 3-24a,] or (2) deposited or redeposited in such 480 bank or banks as shall be provided in the proceedings authorizing the 481 issuance of municipal pension solvency account bonds. Unless the 482 proceedings provide otherwise, proceeds from investments authorized 483 by this subsection, less amounts required under the proceedings for the 484 payment of municipal pension solvency loan costs relating to such 485 municipal pension solvency account bonds, shall be credited to the 486 municipal pension solvency account. 487 Sec. 8. Subdivision (9) of subsection (b) of section 8-169jj of the general 488 statutes is repealed and the following is substituted in lieu thereof 489 (Effective July 1, 2022): 490 (9) Invest any funds not needed for immediate use or disbursement 491 in obligations issued or guaranteed by the United States or the state, 492 including the Short Term Investment Fund, [and the Tax-Exempt 493 Proceeds Fund,] and in other obligations that are legal investments for 494 savings banks in this state, and in-time deposits or certificates of deposit 495 or other similar banking arrangements secured in such manner as the 496 authority determines; 497 Sec. 9. Subsection (b) of section 8-336o of the general statutes is 498 repealed and the following is substituted in lieu thereof (Effective July 1, 499 2022): 500 (b) Any moneys held in the Housing Trust Fund may, pending the 501 use or application of the proceeds thereof for an authorized purpose, be 502 (1) invested and reinvested in such obligations, securities and 503 investments as are set forth in subsection (f) of section 3-20 [,] and in 504 participation certificates in the Short Term Investment Fund created 505 under sections 3-27a and 3-27f, [and in participation certificates or 506 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 17 of 21 securities of the Tax-Exempt Proceeds Fund created under section 3-507 24a,] (2) deposited or redeposited in such bank or banks at the direction 508 of the Treasurer, or (3) invested in participation units in the combined 509 investment funds, as defined in section 3-31b. Unless otherwise 510 provided pursuant to subsection (c) of this section, proceeds from 511 investments authorized by this subsection shall be credited to the 512 Housing Trust Fund. 513 Sec. 10. Subdivision (3) of subsection (a) of section 10-283 of the 2022 514 supplement to the general statutes is repealed and the following is 515 substituted in lieu thereof (Effective July 1, 2022): 516 (3) (A) All final calculations completed by the Department of 517 Administrative Services for school building projects shall include a 518 computation of the state grant for the school building project amortized 519 on a straight line basis over a twenty-year period for school building 520 projects with costs equal to or greater than two million dollars and over 521 a ten-year period for school building projects with costs less than two 522 million dollars. Any town or regional school district which abandons, 523 sells, leases, demolishes or otherwise redirects the use of such a school 524 building project to other than a public school use during such 525 amortization period shall refund to the state the unamortized balance of 526 the state grant remaining as of the date the abandonment, sale, lease, 527 demolition or redirection occurs. The amortization period for a project 528 shall begin on the date the project was accepted as complete by the local 529 or regional board of education. A town or regional school district 530 required to make a refund to the state pursuant to this subdivision may 531 request forgiveness of such refund if the building is redirected for public 532 use. The Department of Administrative Services shall include as an 533 addendum to the annual school construction priority list all those towns 534 requesting forgiveness. General Assembly approval of the priority list 535 containing such request shall constitute approval of such request. This 536 subdivision shall not apply to projects to correct safety, health and other 537 code violations or to remedy certified school indoor air quality 538 emergencies approved pursuant to subsection (b) of this section or 539 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 18 of 21 projects subject to the provisions of section 10-285c. 540 (B) If the board of governors for an independent institution of higher 541 education, as defined in subsection (a) of section 10a-173, or the 542 equivalent of such a board, on behalf of the independent institution of 543 higher education, that operates an interdistrict magnet school makes 544 private use of any portion of a school building in which such operator 545 received a school building project grant pursuant to this chapter, such 546 operator shall annually submit a report to the Commissioner of 547 Education that demonstrates that such operator provides an equal to or 548 greater than in-kind or supplemental benefit of such institution's 549 facilities to students enrolled in such interdistrict magnet school that 550 outweighs the private use of such school building. If the commissioner 551 finds that the private use of such school building exceeds the in-kind or 552 supplemental benefit to magnet school students, the commissioner may 553 require such institution to refund to the state the unamortized balance 554 of the state grant. 555 [(C) Any moneys refunded to the state pursuant to subparagraphs 556 (A) and (B) of this subdivision shall be deposited in the state's tax-557 exempt proceeds fund and used not later than sixty days after 558 repayment to pay debt service on, including redemption, defeasance or 559 purchase of, outstanding bonds of the state the interest on which is not 560 included in gross income pursuant to Section 103 of the Internal 561 Revenue Code of 1986, or any subsequent corresponding internal 562 revenue code of the United States, as from time to time amended.] 563 Sec. 11. Subsection (b) of section 22a-260a of the general statutes is 564 repealed and the following is substituted in lieu thereof (Effective July 1, 565 2022): 566 (b) Wherever the words "Connecticut Resources Recovery Authority" 567 are used in any public or special act of 2014 or in the following sections 568 of the general statutes, the words "Materials Innovation and Recycling 569 Authority" shall be substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 570 [3-24d, 3-24f,] 7-329a, 12-412, 12-459, 16-1, 16-245, 16-245b, 22a-208a, 22a-571 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 19 of 21 208v, 22a-209h, 22a-219b, 22a-220, 22a-241, 22a-260, 22a-261, 22a-263a, 572 22a-263b, 22a-268a, 22a-268b, 22a-270a, 22a-272a, 22a-282, 22a-283, 22a-573 284, 32-1e and 32-658. 574 Sec. 12. Subsection (b) of section 32-7o of the general statutes is 575 repealed and the following is substituted in lieu thereof (Effective July 1, 576 2022): 577 (b) Any moneys held in the Connecticut Manufacturing Innovation 578 Fund may, pending the use or application of the proceeds thereof for an 579 authorized purpose, be (1) invested and reinvested in such obligations, 580 securities and investments as are set forth in subsection (f) of section 3-581 20 [,] and in participation certificates in the Short Term Investment Fund 582 created under sections 3-27a and 3-27f, [and in participation certificates 583 or securities of the Tax-Exempt Proceeds Fund created under section 3-584 24a,] (2) deposited or redeposited in any bank or banks, at the direction 585 of the Treasurer, or (3) invested in participation units in the combined 586 investment funds, as defined in section 3-31b. Proceeds from 587 investments authorized by this subsection shall be credited to the 588 Connecticut Manufacturing Innovation Fund. 589 Sec. 13. Subdivision (1) of subsection (a) of section 32-11f of the 590 general statutes is repealed and the following is substituted in lieu 591 thereof (Effective July 1, 2022): 592 (a) (1) Wherever the term "Connecticut Development Authority" is 593 used in the following sections of the general statutes, the term 594 "Connecticut Innovations, Incorporated" shall be substituted in lieu 595 thereof: [3-24d, 3-24f,] 3-99d, 8-134, 8-134a, 8-192, 8-192a, 8-240m, 13b-596 79w, 16-243v, 22a-134, 22a-173, 22a-259, 22a-264, 25-33a, 32-1l, 32-3, 32-597 4l, 32-6j, 32-9c, 32-9n, 32-9qq, 32-22b, 32-23l, 32-23o, 32-23q, 32-23r, 32-598 23s, 32-23t, 32-23v, 32-23x, 32-23z, 32-23aa, 32-23qq, 32-23ss, 32-23tt, 32-599 31a, 32-61, 32-68a, 32-141, 32-222, 32-223, 32-227, 32-244, 32-244a, 32-262, 600 32-263, 32-265, 32-266, 32-285, 32-341, 32-477, 32-500, 32-503, 32-609, 32-601 761, 32-763 and 32-768. 602 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 20 of 21 Sec. 14. Subsection (b) of section 32-602 of the general statutes is 603 repealed and the following is substituted in lieu thereof (Effective July 1, 604 2022): 605 (b) For these purposes, the authority shall have the following powers: 606 (1) To have perpetual succession as a body corporate and to adopt 607 procedures for the regulation of its affairs and the conduct of its business 608 as provided in subsection (f) of section 32-601, to adopt a corporate seal 609 and alter the same at its pleasure, and to maintain an office at such place 610 or places within the city of Hartford as it may designate; (2) to sue and 611 be sued, to contract and be contracted with; (3) to employ such 612 assistants, agents and other employees as may be necessary or desirable 613 to carry out its purposes, which employees shall be exempt from the 614 classified service and shall not be employees, as defined in subsection 615 (b) of section 5-270, to fix their compensation, to establish and modify 616 personnel procedures as may be necessary from time to time and to 617 negotiate and enter into collective bargaining agreements with labor 618 unions; (4) to acquire, lease, hold and dispose of personal property for 619 the purposes set forth in this section; (5) to procure insurance against 620 any liability or loss in connection with its property and other assets, in 621 such amounts and from such insurers as it deems desirable and to 622 procure insurance for employees; (6) to invest any funds not needed for 623 immediate use or disbursement in obligations issued or guaranteed by 624 the United States of America or the state of Connecticut, including the 625 Short Term Investment Fund, [and the Tax-Exempt Proceeds Fund,] and 626 in other obligations which are legal investments for savings banks in 627 this state and in time deposits or certificates of deposit or other similar 628 banking arrangements secured in such manner as the authority 629 determines; (7) notwithstanding any other provision of the general 630 statutes, upon request of the Secretary of the Office of Policy and 631 Management, to enter into an agreement for funding to facilitate the 632 relocation of state offices within the capital city economic development 633 district; (8) to enter into such memoranda of understanding as the 634 authority deems appropriate to carry out its responsibilities under this 635 chapter; and (9) to do all acts and things necessary or convenient to carry 636 Substitute Bill No. 5502 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05502-R01- HB.docx } 21 of 21 out the purposes of and the powers expressly granted by this section. 637 Sec. 15. Sections 3-24a to 3-24h, inclusive, of the general statutes are 638 repealed. (Effective July 1, 2022) 639 This act shall take effect as follows and shall amend the following sections: Section 1 from passage 8-169oo Sec. 2 from passage 8-169qq Sec. 3 from passage New section Sec. 4 July 1, 2022 3-20(x) Sec. 5 July 1, 2022 3-37(a) Sec. 6 July 1, 2022 3-62h(q) Sec. 7 July 1, 2022 7-406n(d) Sec. 8 July 1, 2022 8-169jj(b)(9) Sec. 9 July 1, 2022 8-336o(b) Sec. 10 July 1, 2022 10-283(a)(3) Sec. 11 July 1, 2022 22a-260a(b) Sec. 12 July 1, 2022 32-7o(b) Sec. 13 July 1, 2022 32-11f(a)(1) Sec. 14 July 1, 2022 32-602(b) Sec. 15 July 1, 2022 Repealer section FIN Joint Favorable Subst.